Tuesday, May 25, 2010

National Housing Authority acquired agricultural lands vs Agrarian Reform

Are all lands acquired by the National Housing Authority (NHA) for its resettlement and housing efforts beyond the scope of agrarian laws? Presidential Decree 1472 exempts from land reform those lands that NHA acquired for its housing and resettlement programs whether it acquired those lands when the law took effect or afterwards. The language of the exemption is clear, the exemption covers "lands or property acquired xxx or to be acquired" by NHA. Moreover, the law does not make any distinction whether the land NHA acquired is tenanted or not. The purchase by NHA of lands for development and resettlement transformed the property by operation of law from agricultural to residential. The Court is mindful of the plight of tenant-farmers but it is also incumbent upon it to weigh their rights against the government's interest in meeting the housing needs of the greater majority (National Housing Authority v. DAR Adjudication Board, et al, G.R. No. 175200. May 4, 2010).

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